Tenancy Agreements & Renewals in ACT

Renting a home in the Australian Capital Territory (ACT) involves understanding the ins and outs of tenancy agreements and renewals. As a renter, having the right knowledge can help you navigate rent increases, renewals, and disputes smoothly.

Understanding Tenancy Agreements

A tenancy agreement in the ACT is a legally binding contract between you and your landlord. It specifies the terms, conditions, and obligations of both parties. Key elements covered include rent amount, duration, and property maintenance responsibilities.

Fixed-Term vs. Periodic Agreements

There are two main types of tenancy agreements:

• Fixed-term agreements: These have a specific start and end date, usually for six or twelve months. Once the term ends, parties decide whether to renew, modify, or end the agreement.
• Periodic agreements: These do not have a fixed end date and continue until either party decides to terminate it.

Ensure your tenancy agreement is written and signed by both parties, providing a clear record of agreed terms.

Renewing Your Tenancy Agreement

When your lease term nears its end, you may want to renew it. In the ACT, both tenants and landlords must agree to any lease renewal. You may also need to negotiate new terms, especially if a rent increase is proposed.

Rent Increases

Landlords can propose rent increases during a renewal. In the ACT, they must provide at least eight weeks’ written notice for any rent increment under a periodic tenancy, according to the Residential Tenancies Act 1997 (ACT) ¹. If you believe the increase is unreasonable, you can apply to the ACT Civil and Administrative Tribunal (ACAT) to challenge it.

Changing Terms

Both parties can renegotiate lease terms, such as altering maintenance responsibilities or altering the property. Any changes should be documented and signed to reflect mutual agreement.

When Disputes Arise

If disputes occur during renewal discussions, resources are available to assist you:

• ACT Civil and Administrative Tribunal (ACAT), which handles tenancy disputes
• The Justice and Community Safety Directorate provides tenancy guidance

For disagreements that remain unresolved, bringing the matter to ACAT can help mediate and make binding legal decisions.

1. How does a tenancy agreement work? An agreement outlines rental terms and tenant-landlord rights and responsibilities.
2. What to do if the landlord proposes a rent increase? Review the notice, and if unsatisfied, consider negotiating or apply to ACAT for review.
3. How often can rent be increased? In the ACT, rent for periodic agreements can be increased once every 12 months with proper notice.

1. How to renew your tenancy agreement
   1. Step 1: Discuss renewal early

      Begin discussions with your landlord or property manager several weeks before your lease ends.

   2. Step 2: Review proposed changes

      Carefully read any changes to the agreement, focusing on new terms like rent increases or repair clauses.

   3. Step 3: Agree on new terms

      Once both parties agree, sign the new document to formalize the renewal.

Need Help? Resources for Renters

If you need more information or assistance, consider reaching out to:

• ACT Housing for housing support services
• Tenants’ Union ACT for legal advice and support
• ACAT for tenancy dispute resolution

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1. Residential Tenancies Act 1997

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